References: (1968) 52 Cr App R 700, [1969] 1 QB 439, [1968] 3 All ER 442, [1968] EWHC 1 (QB)
Links: Bailii
Coram: The LCJ, James J, Bridge J (dissenting)
Ratio: The defendant was told by a police officer to park up his car. He did so, but stopped with his wheel, trapping the officer’s foot. The magistrates were unable to decide whether the parking on the officer’s foot was deliberate, but agreed that leaving it there had been deliberate.
Held: James J described the distinction between an assault and a battery: ‘For an assault to be committed both the elements of actus reus and mens rea must be present at the same time. The ‘actus reus’ is the action causing the effect on the victim’s mind . . The ‘mens rea’ is the intention to cause that effect.’
The appeal failed. ‘On the facts found the action of the appellant may have been initially unintentional, but the time came when knowing that the wheel was on the officer’s foot the appellant (1) remained seated in the car so that his body through the medium of the car was in contact with the officer, (2) switched off the ignition of the car, (3) maintained the wheel of the car on the foot and (4) used words indicating the intention of keeping the wheel in that position. For our part, we cannot regard such conduct as mere omission or inactivity.
There was an act constituting a battery which at its inception was not criminal because there was no element of intention, but which became criminal from the moment the intention was formed to produce the apprehension which was flowing from the continuing act.’
This case cites:
- Cited – St. George ((1840) 9 C & P 483)
The ‘actus reus’ in an assault is the action causing the effect on the victim’s mind. . .
(This list may be incomplete)
This case is cited by:
- Cited – Regina v Ireland CACD (Times 22-May-96, Gazette 19-Jun-96, Bailii, [1996] EWCA Crim 441, [1997] QB 114)
Silent telephone calls which resulted in psychiatric damage to the victim could constitute an ‘assault occasioning actual bodily harm’ for the purposes of section 47 of the 1861 Act. Swinton Thomas LJ: ‘The early cases pre-date the invention of the . . - Cited – Director of Public Prosecutions v Santa-Bermudez Admn (Bailii, [2003] EWHC 2908 (Admin), [2004] Crim LR 471)
The prosecutor appealed a finding of no case to answer on an accusation of assault occasioning actual bodily harm. The victim, a police officer, was searching the pockets of an arrested person, when she was injured by a hypodermic needle. She had . . - Cited – Regina v Burstow, Regina v Ireland HL (Bailii, [1997] UKHL 34, [1998] 1 Cr App Rep 177, [1998] AC 147, [1997] 4 All ER 225, [1997] 3 WLR 534)
The defendant was accused of assault occasioning actual bodily harm when he had made silent phone calls which were taken as threatening.
Held: An assault might consist of the making of a silent telephone call in circumstances where it causes . . - Cited – Director of Public Prosecutions v Mark Thomas Ramos Admn (Bailii, [2000] EWHC Admin 328)
. . - Cited – Regina v Burstow Admn (Gazette 25-Sep-96, Times 30-Jul-96, Bailii, [1996] EWHC Admin 49, [1997] 1 Cr App R 144)
Grievous bodily harm can be inflicted by a stalker without direct physical contact and can include psychological damage. The statute could be interpreted to reflect current standards. . .
(This list may be incomplete)
Last Update: 03-Aug-16
Ref: 235710